DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/749)

MASTER FLOOR COVERINGS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 15 APRIL 2019

Application for approval of the Master Floor Coverings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Master Floor Coverings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 15 - Casual Employment.

However, noting clause 2 of the undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union and Master Floor Coverings (QLD) Pty Ltd, where the union sought approval of a collective agreement between the parties for the years 2018 to 2019. The Fair Work Commission was tasked with deciding whether the agreement met the necessary criteria for approval.

The central legal issue was whether the collective agreement complied with the provisions of the Fair Work Act 2009, particularly concerning the procedural fairness and the agreement's alignment with the relevant industrial instruments. The court had to consider if the agreement was made in good faith, whether it contained the required minimum terms and conditions, and if it adhered to the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission held that the collective agreement was made in good faith and met the necessary criteria for approval. The court noted that the agreement provided for fair and reasonable terms and conditions, and that the union had followed the appropriate procedures in negotiating and finalising the agreement. Consequently, the Commission approved the collective agreement, emphasising the importance of fair and effective workplace agreements in promoting harmonious industrial relations.

The Commission approved the Master Floor Coverings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019, recognising the agreement as meeting the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The decision underscored the importance of ensuring that collective agreements are made in good faith and contain fair and reasonable terms and conditions, promoting harmonious industrial relations and the welfare of employees.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established